Complicated No Claims Situation- have I lost them?

[Mefster]

Bit of a complicated situation: I'll try to summarise as simply as possible:

After the arrival of our first little one our Boxster had to go. As we only needed on car we sold both our cars and bought one car that would suit our needs. This was 4 and a half years ago. At the time my wife and I both had 9+ years no claims, my wife with insurance company 'A' and me with company 'B'

I continued the insurance on the new car with company 'B'. After a year we changed insurer to company 'C', who were more competitive. We have remained with this company. We were told at the time after 3 years no claims that had not been used would be lost. So after 2 and a half years, we switched the policy from my name to my wife's name, providing company 'C' with proof of her no claims history from company 'A' policy 2 and a half years earlier.

We have just bought a second car and I phone our current insurer (company 'C') for a quote on the new car (in my name). I was told that although we switched the cover on our existing car from mine to my wife's name only 18 months ago, their system shows that rather than accepting my wife's no claims history, they transferred my no claims record from me to her (!), so at present I have no no claims history! I was also told any certificate over 2 years old would not be valid.

We were told when we swapped policy holder:

1. The certificate was valid for 3 not 2 years

2. We posted the evidence of no claims for my wife- no question was raised at the time. No mention of switching no claims bonus was made at the time.

We discussed how best to retain no claims discount at the time of switching. If we thought this would happen and we could not retain both our no claims, we wouldn't have gone through the hassle of switching the policy holder!

We have copies of all previous no claims when policies finished. We have made no claims in any of this time.

Our current insurer have offered us a 'discount' to give us maximum no claims, but this quote isn't the most competitive and I'm assuming if we accept this they are under no obligation to offer this in future years, and I'll be back to zero years no claims.

Are their any insurers or brokers who may be willing to give us our no claims back?

Told you it was complicated: I'll be surprised if anyone made it to the end of the post!

[trev]

Industry standard is 2 years of no use and you lose it, whoever told you 3 is an idiot and needs slapping.

You're screwed I'm afraid.

[Stuart21UK]

You need to go back to the insurer and stomp your feet some more, most companies record conversations so although it may take them a while to retrieve it, surely they can find and send you a copy of any recording they have relating to 'what they told you' (in error or otherwise).

If they told you what you beleive they did then irrespective of whether it was correct or not they should honour it (or find some other way of placating you....for instance can they simply not give you an introductory discount as a new customer that equals what your NCD would have been, they'd do it for a new customer so why not do it for an existing one?)

Don't forget you habe a right of access under the Data Protection Act to copies of ALL infomration ehld by any organisation about you AND under the regulations they have to provide this within 40 days and can charge a maxiumum of £10 for the privelage of providing it.

There is always the Financial Ombudsman too if necessary (and you want the hassle of it).

Good Luck

[Mefster]

Thanks for the replies guys.

It was company 'A' (Direct Line) who told us 3 years. They've been quite helpful even though we don't have a current policy with them. They said they accept 3 years if it was a direct Line policy, 2 years for others.

I think if I've got a case it is that when we switched policies we were never told that the 2 and a half years since my wife's policy was too long to carry no claims over. If we'd have been told that we'd have gone back to Direct Line who would have honoured it. There was certainly no mention of transferring my no claims to my wife- there's no way we'd have gone for that- it would have been pointless switching policy holders.

I've emailed a complaint to our current insurer detailing the problem. It would certainly be interesting to get hold of their records of the switch. I suspect the final policy renewal was done on line. I'm not aware of any 'give my no claims bonus to my wife, leaving me with none' box you can tick on their website!

[Glyn]

How can a company swap anothers no claims to another person - the individual earns it?. I suspect the policy must remain in your name if your no claims was applied.

And - why would the company do this - if your wife had the same NCB as you what would be the point in transferring yours and scrapping hers? - It doesnt make sense, how do they explain the reason for that!!!

I can see your logic- one car, two NCB and by swapping every year into different names you would preserve both NCBs, i just cant see the companies logic,

What is their understanding of the sittuation, and why would you get into discussion with them in the first place when it is clear what you were attempting to do and they have done something different that has now dissadvantaged you.

These companies record telephone calls - do they still have that recording?

The problem i suspect will be obtaining proof of that original conversation, however, if you do then the ombudsman can be consulted - or indeed the small claims court as their actions are a breach of Tort, and you can recover damages.

[Stuart21UK]

These companies record telephone calls - do they still have that recording?

The problem i suspect will be obtaining proof of that original conversation, however, if you do then the ombudsman can be consulted - or indeed the small claims court as their actions are a breach of Tort, and you can recover damages.

no need for small claims, under DPA they have 40 days to provide (assuming it was recorded) and are in breach of DPA if they dont, loss of licence means effectively, as a company, they couldnt trade so its pretty serious if they cant provide a copy of anything relating to the individual(s) in question.

[Mefster]

Still no reply from Aviva following my complaint.

I feel I've got a pretty good case- but I'm aware that if it takes a little time I still need insurance by next weekend.

Can engine recommend a good broker that I could speak to? Because of the unusual history I think it's easier to explain in person rather that completing a form online.

[R2MUL]

Still no reply from Aviva following my complaint.

I feel I've got a pretty good case- but I'm aware that if it takes a little time I still need insurance by next weekend.

Can engine recommend a good broker that I could speak to? Because of the unusual history I think it's easier to explain in person rather that completing a form online.

Aviva have 5 days to acknowledge your complaint but up to 8 weeks to investigate and provide a final response.

Suggest you contact Doodsons, Wilsons or Bollington Group - all are Personal Lines Brokers who should be able to push your case forward to an understanding insurer,

[Mefster]

Hopefully thing appear to be resolving. Called Aviva back after filing complaint and spoke to someone who seemed to get a better grip of the situation. They spoke to the No Claims Discount Validation department and it was agreed that when we forward our copy of my wife's previous NC certificate from 4 and a half years ago (which Direct Line have posted) they will reinstate both our independent no claims history.

2 different phone calls; 2 totally different customer service experiences. The last advisor I spoke to applied a bit of common sense, empathised and is following the case- called me back 2 days later to see how things were progressing.

Looks like the insurance world isn't going mad after all!

[Guvs]

result, nice feeling.

Guvs.